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Land law (Example)

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LAND LAW APPLICATION English land law refers to the law of real property in England. This section of the law is considered the most important part of the property law. Property in law means the condition of being owned through legal relationship. Property law in English property law is made up of the following: English trust law English Personal property law -which relates to commercial law and insolvency English land law or the law of “real property” United Kingdom Intellectual property law-which deals mainly with property in land For the purposes of this study we shall examine the English land law. This relates to the nature of the right that is involved in the ownership of land. The legal definition of land may be different from the general definition given to the land by most people. It includes land of any tenure buildings or parts of buildings mines and below. Whether the trespass is mistaken as in the case of Janet using the 5 meter strip of land or whether it is intentional as I the case of her fencing onto Zebedee’s property or Sahid use of Zebedee’s granary the damages for the tort of trespass may apply. Table of Cases UK Cases Basely v Clarkson (1681) 3 Lev 37.B.P. Properties Ltd v Buckler (1988) 55 P & CR 337 CA Buckinghamshire County Council v Moran (1988) 86 LGR 472J A Pye (Oxford) Ltd v Graham [2002] UKHL 30 Moses v Lovegrove [1952] 2 QB 533 (CA) 290 Powell v McFarlane (1979) 38 P & CR 452 Pye v Graham (2003) 1 AC 347 Techbild Ltd v Chamberlain (1969) 20. P8. CR 633 CA Table of Legislation Land Registration Act (2002) Limitation (Act 1980) Bibliography Merrill Thomas W.; Smith Henry E.: Property: Principles and Policies. (University Casebook Series (3rd ed.). St. Paul: Foundation Press.2017)  [...]

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UK references only. OSCOLA Referencing style Write a reasoned answer to the problem below. You must adopt double line spacing so that the marker can insert comments within your script. Footnotes do not contribute to the word limit. Therefore you should not put any explanatory material in the footnotes, which should be used for referencing only. You must familiarise yourself with the University regulations on late submissions, word limits and cheating. Assessment Task Zebedee has just inherited Brook Farm, registered freehold property, which consists of High Field situated on the east part of Brook Farm, Low Field which is situated on the south part of Brook Farm, The Granary which is a small cottage situated on the north part of Brook Farm, and the farmhouse itself. Last week he went to visit Brook Farm and discovered the following. Janet lives in Sandown Acres which adjoins Brook Farm to the south and the east. Janet started using a strip of land five metres wide that was part of High Field in 2006 because she wanted to extend the grazing for her cattle. She did so because when she bought Sandown Acres in 2004 her surveyor had told her that the strip formed part of Sandown Acres. The fence between Sandown Acres and High Field had fallen down by the time she moved in and she had put up a single strand of electrified wire fence that incorporated the five metre strip to keep the cattle in. She has continued to let her cattle graze in the five metre strip but only in the summer months as it gets too wet and muddy to do so in the winter. In 2007 she constructed a framework for a cow shelter on the five metre strip. She put a tarpaulin over the roof but never got round to putting on a slate roof as intended. Sandown Acres also adjoins Low Field. In 2005 Janet moved one of her boundary fences three metres over into Low Field. She built a substantial chicken house on the three metres of land and has maintained and cultivated the land ever since. Sahid owns Redlands, property which adjoins Brook Farm to the north. He has been living in The Granary since 2004. This is because Sahid’s own house on Redlands burnt down and he could not afford to rebuild it so he occupied The Granary which was unoccupied. He put in an application for adverse possession of The Granary in September 2015 which was rejected by the Registrar. He has remained in adverse possession of the Granary since then. Advise Zebedee who wants Janet to stop using the five metre strip of land on High Field and the three metre strip of land on Low Field and to stop Sahid using The Granary.

Subject Area: Law

Document Type: Dissertation

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Words 1650

Pages 6

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